요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 23, 2017, the Plaintiff, as an employee of B Co., Ltd., was an employee of B, and was subject to the Defendant’s medical care for 's satisfying satfys and satfys on the left side satfys and satfys’ during work (hereinafter “instant surgery”).
B. On March 13, 2017, the Plaintiff: (a) diagnosed C Hospital with the instant surgery, which visited on March 13, 2017 due to the lower-class and lower-ranking disorder; and (b) applied for an additional medical care application for the instant injury and disease to the Defendant on April 13, 2017; (c) however, on May 15, 2017, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”). (d) on the ground that “The instant injury and disease fell under the self-disease system in the middle-class boundary system and has no causal relationship with the first approval branch” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff asserted that the plaintiff got the surgery of this case due to occupational accidents, and during which the injury or disease of this case occurred. The injury or disease of this case was a new disease caused by the initial injury or disease, and should be recognized as an additional injury or disease, but the disposition of this case which rejected it is unlawful.
B. (1) In order to be recognized as a disaster due to an occupational reason under the Industrial Accident Insurance Act, there should be a proximate causal relation between the business and the accident. In this case, the causal relation between the employee’s business and the accident should be proved by the party asserting it (see Supreme Court Decision 96Nu1726, Feb. 25, 1997). The causal relation must not be necessarily proved by medical and natural science, but rather, by considering the overall circumstances, between the business and the disease or death.